Ordinance No. 06-10 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2006- r Q
AN ORDINANCE ANNEXING 1.26 ACRES, APPROVING RIDER ANNEXATION
(ZCA2006-00001), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER
DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON
COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY
VECTOR CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an
annexation upon receiving consent in writing from a majority of the electors registered in the territory
proposed to be annexed and written consent from owners of more than half the land in the territory
proposed to be annexed;and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently he within the boundary of the Tigard Water District, the Washington County
Enhanced Sheriff s Patrol District, Washington County Urban Roads Maintenance District,
Washington County Street Lighting District #1, and the Washington County Vector Control District
upon completion of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on August 8, 2006, to consider the
annexation of one (1) parcel (WCTM 1S209ACO2101) of land on the south side of SW Bull Mountain
Road and east of SW 133rd Avenue and withdrawal of said property from the Tigard Water District,
the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington County
Vector Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore,
no option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property
from the Tigard Water District, the Washington County Enhanced Sheriff s Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District on August 8, 2006; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties
from the Tigard Water District, the Washington County Enhanced Sheriff s Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District
#1, and the Washington County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically
changed to the City zoning most closely conforming to the County zoning; and
ORDINANCE NO.2006- ZCA2006-00001Rider Annexation
Page 1 of 3
WHEREAS, the zoning district at the time of application was R-7, an existing City zone that was
adopted by the County, and the zoning after annexation would automatically become City of Tigard
R-7, and by annexation the Comprehensive Plan of the City of Tigard goes into effect; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09
and has been reviewed for compliance with the Tigard Community Development Code and the
Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating
annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and
determined that withdrawal of the annexed properties from the applicable service districts is in the best
interest of the City of Tigard.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcel described in the attached Exhibit
"A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water
District, the Washington County Enhanced Sheriff s Patrol District, Washington
County Urban Roads Maintenance District,Washington County Street Lighting District
#1, and the Washington County Vector Control District.
SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in
support of this decision; a copy is attached hereto as. Exhibit "D" and incorporated
herein by this reference.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor and posting by the City Recorder.
SECTION 4: City staff is directed to take all necessary measures to implement the annexation,
including certified copies of the Ordinance with Metro for administrative processing,
filing with state and county agencies as required by law, and providing notice to utilities.
SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from
the Washington County Enhanced Sheriffs Patrol District, Washington County Urban
Roads Maintenance District, Washington County Street Lighting District #1, and the
Washington County Vector Control District shall be the effective date of this
annexation.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2007.
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
ORDINANCE NO.2006- ZCA2006-00001Rider Annexation
Page 2 of 3
PASSED: By (JOCTI A W S vote of all Council members present after being read by number
and title only, this day of �� , 2006.
athy Wheatley, City Recorder
APPROVED: By Tigard City Council this day of _ , 2006.
Craig Dir sen,Mayor
Approved as to form:
E S-ap
City Attoigey Date
ORDINANCE NO.2006--{ 0 ZCA2006-00001Rider Annexation
Page 3 of 3
EXHIBIT A
1 y
Alberta Rider"Life Estate Parcel"
Milstead &Associates
Project No. 333-06
May 11, 2006
Amended May 12, 2006
PROPERTY DESCRIPTION
A tract of land, described as "Exhibit 3" by Document No. 97-048724, Washington
County Deed Records, situated in the Northeast Quarter of Section 9, Township 2
South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington
County, Oregon, being a portion of that property conveyed to Tigard-Tualatin School
District 23J as "Exhibit B" by Document No. 2005-161425, Washington County Deed
Records, and being more particularly described as follows:
Beginning at the northwest corner of SUMMIT RIDGE; thence, along the west line of
said "Exhibit B" tract, North 01014'56" East, 887.87 feet to the southerly right-of-way
line of S.W. Bull Mountain Road (Co. Rd, 147-1/2) being 35.00 feet southerly of,
when measured at right angles to the centerline thereof, as dedicated for street by
Document 2005-017573; thence along said right-of-way line, South 59020'02" East,
171.62 feet to the west line of said."Exhibit 3" tract.and the True Point of Beginning
of this description; thence continuing along said right-of-way line, South 59020'02"
East, 124.04 feet to the beginning of a 445.00 foot radius curve to the left; thence
continuing along said right-of-way line on said curve, through a central angle of
13000'36" (chord bears South 65050'20" East, 103.09 feet) an arc length of 103.32
feet to the east line of said "Exhibit 3" tract; thence along said east line, South
01 014'56"West, 216.23 feet to the southeast corner thereof; thence along the south
line of last said tract, South 8804533" West, 203.00 feet to the southwest corner
thereof; thence along the west line of last said tract North 01014'56" East, 317.32
feet to the True Point of Beginning.
The area contained within said tract being 1.222 acres, more or less.
Bearings are based upon S.N. 29,834 Washington County Surveyor Records.
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EXHIBIT MAP DRAWN BY ('I WESTLAKE
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WASHINGTON COUNTY, OREGON ENGINEERING ♦ SURVEYING ♦ PLANNING
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PACIFIC CORPOR
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MILSTEAD & ASSOCIATES JOB NO. 333-06 TIGARDSOREG00U9 22 PARKWAY, SUITE 150 FAX 5033 624-0157
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Agenda Item:
Hearin Date: AugList&2006 Time: 7:30 PM
STAFF REPORT TO THE
u
CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON '
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: RIDER ANNEXATION
CASE NOS: Zone Change Annexation (ZCA) ZCA2006-00001
APPLICANT/ Milstead and Associates OWNER: Tigard-Tualatin School District
OWNER'S REP: Attn: Nicole Stewart 23J
10121 SE Sunnyside Road, c/o Alberta Rider Life Estate
Suite 335 Attn: Bradley Hoskins
Clackamas, OR 97015 6960 SW Sandburg Street
Tigard, OR 97223
RESIDENT & Alberta Rider
VOTER: 13030 SW Bull Mountain Road
Tigard, OR 97224
PROPOSAL: The applicant is requesting to annex one (1) parcel consisting of approximately 1.26
acres of land into the City of Tigard.
LOCATION: 13030 SW Bull Mountain Road; WCTM 2S109AC, Tax Lot 02101. The proposed
territory is located on the south side of SW Bull Mountain Road, east of SWp133`d
Avenue and west of Greenfield Drive.
CURRENT
ZONING
DESIGNATION': R-7: Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet,and
duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
EQUIVALENT
CITY ZONING
DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units,at a minimum lot size of 5,000 square feet,and
duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and
1 At the time of application.(May 3,2006).
RIDER ANNEXAMN
ZCA2006-00001 PAGE 1 OF 10
subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10,
Community Development Code Chapters 18.320 and 18.390.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that theproposed annexation(ZCA2006-00001) meets all
the approval criteria as;identified in ORS Chapter 222;„Metro Code Chapter 3.09,Comprehensive
Plan Policies 2 and 10,Community DevelopmentCode Chapters 18.320 and 18.390. Therefore,staff
recommends APPROVAL,of ZCA2006-00001 by adoption of the attached ordinance.
SECTION III. BACKGROUND INFORMATION
Site Information:
The proposed annexation territory is 1.26 acres and located on the south side of SW Bull Mountain Road,
east of SW 133`d Avenue and west of Greenfield Drive. It is made up of one (1) tax lot (WCTM 2S109AC,
Tax Lot 02101) and contiguous to the City of Tigard on all sides (4). The proposed territory is surrounded
by the Alberta Rider School on three sides and abuts SW Bull Mountain Road on its northern boundary.
The proposed territory is part of unincorporated Bull Mountain and the City's Urban Service Area,which
means that the provisions of the City of Tigard's Urban Service Agreement (TUSA) and Urban Planning Area
Agreement (UPAA) apply. One single family dwelling and one secondary dwelling exist in the proposed
territory,which has a slope of approximately 8 percent. No Goal 5 resources, regionally significant habitat
or other sensitive lands have been identified on the site. The Bull Mountain Community Plan does not
identify any significant natural resources on the site.
The applicant desires to annex the proposed territory so that it can receive sewer services. Because of the
failing onsite gray water disposal system, the proposed territory has been connected to the City sewer
system;however, the connection is contingent upon annexation. Because all adjacent properties are within
city limits,it was not necessary to invite adjacent owners to join the annexation. The proposed annexation
does not include any right-of-way because the adjacent right-of-way is already within the City (ZCA91-
00012 Foran Annexation). No previous land use decisions are related to the tax lot alone and there are
currently no pending decisions related to the site other than the proposed annexation.
SECTION IV. APPLICABLE REVIEW CRITERIA FINDINGS AND
CONCLUSIONS
State: ORS Chapter 222
Regional:Metro Code Chapter 3.09
City: Comprehensive Plan Policies 2 and 10,Community Development Code Chapters 18.320 and 18.390.
A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18)
Staff has determined that the proposal is consistent with the relevant portions of the Community
Development Code based on the following findings:
RIDER ANNEXATION
ZCA2006-00001 PAGE 2 OF 10
1. Chapter 18.320.020: Approval Process and Standards.
B.Approval Criteria.The decision to approve, approve with modification,or deny an application to annex
property to the City shall be based on the following criteria:
1.All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area; and
The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines "services"
as water, sewer, drainage, streets, police, and fire protection. When the City received this
application on May 3, 2006, the proposed annexation territory was zoned R-7, a medium-density
single-family residential zone with a minimum residential lot size of 5,000 square feet. The
proposed territory will be automatically zoned City of Tigard R-7 upon annexation. The property
currently has water service, as well as access to water from an on-site well. The nearest sanitary
sewer line is in SW 132nd Avenue. Because of the failing onsite gray water disposal system, the
subject property has been connected to this sewer line prior to annexation. The continuance of
this connection is contingent upon approval of the proposed annexation. Storm drainage is
available on SW Bull Mountain Road. A fire hydrant is located on SW Bull Mountain Road less
than 200 feet from the northwest corner of the proposed territory.
For streets, the City's Transportation System Plan (TSP) standards apply. The proposed territory is
located on SW Bull Mountain Road, which is designated a collector in the TSP. Currently, the
proposed territory has direct access to SW Bull Mountain Road. The City of Tigard departments
of Public Works, Engineering and Police have reviewed the annexation proposal and have not
raised any objections or indicated that there would be a lack of service capacity for the proposed
territory or a significant reduction in existing City service levels. Tualatin Valley Fire and Rescue
(I'VF&R), which currently serves the proposed territory, did not have objections to the proposal.
Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan
are available to the proposed annexation territory and all public services have sufficient capacity to
provide service to the proposed annexation territory
2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been
satisfied.
Three Comprehensive Plan policies apply to proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff
has determined that the proposal has satisfied the applicable Comprehensive Plan policies based
on the following findings:
Policv 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provided an opportunity to be involved in all phases
of the planning process.
The City maintains an ongoing citizen involvement program. To assure citizens will be provided an
opportunity to be involved in all phases of the planning process, the City provides notice for Type
IV land-use applications.The City posted,mailed and published notice of the public hearing as
follows. The City posted the hearing notice at four public places on June 9, 20062:Tigard Library,
Tigard City Hall,Tigard Permit Center, and in the public right-of-way at 13030 SW Bull Mountain
Road. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two
2 Due to a scheduling change,notice was posted 15 days earlier than the required 45 days prior to the hearing.
RIDER ANNEXATION
ZCA2006-00001 PAGE 3 OF 10
successive weeks Quly 20,2006 and July 27, 2006) prior to the August 8, 2006,public hearing.The
City also mailed notice to all interested parties and surrounding property owners within 500 feet on
July 17,2006. In addition,the City maintains a list of interested parties organized by geography.
Notice was mailed to interested parties in the West area on July 17,2006,which includes former
Citizen Involvement Team contacts and CPO 4B, the citizen participation organization for the
area. Staff finds that this policy is met.
Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard,
a) the City shall review each of the following services as to adequate capacity,or such services to
be made available,to serve the parcel if developed to the most intense use allowed,and will not
significantly reduce the level of services available to developed and undeveloped land within the
City of Tigard: 1.Water;2. Sewer;3.Drainage;4. Streets;5. Police; and 6. Fire Protection.
As addressed under 18.320.020 above, adequate service is available to the proposed annexation
territory. At the time of application, the proposed territory was zoned R-7, a medium-density
single-family residential zone with a minimum residential lot size of 5,000 square feet.The
proposed territory will be automatically designated the same zoning upon annexation. The site has
an estimated maximum density of 8 units.' If it develops,it will be required to connect to public
service facilities,which staff has found to be available to the proposed territory.
The City of Tigard department of Public Works has reviewed the annexation proposal and states
that the City's water system can provide the minimum State of Oregon water service requirements
for the proposed territory based on the maximum density permitted. Public Works states that
water is available in quantity and quality and has not indicated that there would be a reduction in its
capacity to provide water to the proposed annexation territory or reduce the level of service to the
entire City. The Police Department reviewed the proposal and has no objections. The
Engineering Department reviewed the proposal and has no objections. The Engineering
Department confirmed that sewer service, storm drainage and street access are available to the site.
Tualatin Valley Fire and Rescue (TVF&R), the current provider to the proposed territory, did not
raise any objections. Staff concludes that there is adequate capacity to serve the proposed territory
(water, sewer,drainage, streetstpolice, fire protection) if developed to the most intense use
allowed and will not significantly reduce the level of services available to developed and
undeveloped land within the City of Tigard.
b) If required by an adopted capital improvements program ordinance,the applicant shall sign and
record with Washington County a nonremonstrance agreement regarding the following: 1.The
formation of a local improvement district(L.I.D.) for any of the following services that could be
provided through such a district.The extension or improvement of the following: a)Water,b)
Sewer,c) Drainage,and d) Streets. 2.The formation of a special district for any of the above
services or the inclusion of the property into a special service district for any of the above services.
This criterion does not apply: No capital improvements program requires a nonremonstrance
agreement for this area. Urban services are already available to the proposed annexation territory.
c)The City shall provide urban services to areas within the Tigard Urban Planning Area or within
the Urban Growth Boundary upon annexation.
The Tigard Urban Planning Area (as defined in the Wasbington County— Tigard Urban Planning Area
Agreement(UPAA), (adopted 1988, revised 2004)includes the proposed annexation territory. The City
3 Maximum density was calculated using formula provided in Code Chapter 18.715.
RIDER ANNEXATION
ZCA2006-00001 PAGE 4 OF 10
is the designated urban services provider for the services defined in the Tigard Urban Service
Agreement(USA) (adopted 2002)and subsequent operating agreements: police;parks,recreation and
open space;roads and streets; sanitary sewer and storm water (through an operating agreement
with CWS);and water service. Upon annexation, those services will be provided according to the
City's current policies. Staff finds that this policy is met.
Policy 10.1.2: Urbanization.Approval of proposed annexations of land by the City shall be based
on findings with respect to the following: a)The annexation eliminates an existing"pocket"or
"island"of unincorporated territory;or,b)The annexation will not create an irregular boundary
that makes it difficult for the police in an emergency situation to determine whether the parcel is
within or outside the City;c)The Police Department has commented upon the annexation;d) the
land is located within the Tigard Area of Interest and is contiguous to the City boundary;e)The
annexation can be accommodated by the services listed in 10.1.1(a).
a) The proposed annexation territory is an island of unincorporated territory in Washington
County, surrounded by the City of Tigard on all sides. Annexing the proposed territory would
eliminate a 1.26-acre island of unincorporated territory.
b) Annexing the proposed territory will not create an irregular boundary because it is already
surrounded by the City on all sides.
c) The City of Tigard Police Department has reviewed the proposed annexation and has no
objections.
d) The UPAA (1988;2004)includes the proposed annexation territory within the City of Tigard
Area of Interest. The proposed territory is contiguous to the City on all sides (4).
e)As staff's response to Policy 10.1.1 (a) demonstrated, the annexation can be accommodated by
the following services:water, sewer, drainage;streets;police; and fire protection.
Therefore, staff finds that the proposed annexation meets Policy 10.1.2.
Policy 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington
County zoning designation,the City of Tigard shall assign the City of Tigard zoning district
designation which most closely conforms to the county zoning designation.
Washington County previously adopted City of Tigard zoning designations for unincorporated
Bull Mountain due to the Urban Services IntergovernmentalAgreement(adopted 1997;revised 2002;
terminated 7/20/2006)in which Tigard performed building and development services for the Bull
Mountain Area on behalf of the County. The proposed annexation territory's Washington County
designation was R-6 and was converted to Tigard's R-7 (Table 320.1 summarizes the conversion of
the County's plan and zoning designations). As of July 20,2006, the USIA will be terminated and
zoning of unincorporated territory on Bull Mountain will revert back to its equivalent Washington
County designation. At the time the application was received (May 3,2006), the proposed territory
was zoned R-7 and the proposed territory will be automatically zoned City of R-7 upon
annexation.
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TABLE 320.1
CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS
Washington County Land Use City of Tigard Zoning City of Tigard
Districts(Plan Designation Plan Designation
R-5 Res.5 unitslacre R-4.5 SFR 7,500 sq.ft. Lav density 1-5 units/acre
R-6 Res.6 units/acre R-7 SFR 5,000 sq.ft. Med.density 6-12 units/acre
R-9 Res.9 mtitsiacre R-12 Multi-family 12 units/acre Med.density 6-12 unitsacre
R-12 Res.12 umWacre R-12 Multi-family 12 units/acre Med.density 6-12 units/acre
R-15 Res.15 units'acre R-25 Multi-family 25 units'acre Medium-High density 13-25
umWacre
R-24 Res.24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25
units/acre
Office Commercial C-P Couunercial Professional CP Commercial Professional
NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial
CBD Commercial Business CBD Commercial Business CBD Commercial Business
District District District
GC General Commercial CG General Commercial CG General Commercial
IND Industrial I-L Light Industrial Light Industrials
Chapter 18.320.020
C. Assignment of comprehensive plan and zoning designations.
The comprehensive plan designation and the zoning designation placed on the property shall be the City's
zoning district which most closely implements the City's or County's comprehensive plan map
designation. The assignment of these designations shall occur automatically and concurrently with the
annexation. In the case of land which carries County designations, the City shall convert the County's
comprehensive plan map and zoning designations to the City designations which are the most similar. A
zone change is required if the applicant requests a comprehensive plan map and/or zoning map
designation other than the existing designations. (See Chapter 18.380).A request for a zone change can be
processed concurrently with an annexation application or after the annexation has been approved.
As the previous section demonstrated, no changes to the zoning designations are required for the
proposed territory, as the designation at the time of application already reflects a City of Tigard
designation.
City of Tigard Community Development Code
2. Chapter 18.390.060: Type IV Procedure
Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the
Community Development Code (Title 18) using standards of approval contained in 18.390.020(B),which
were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an
annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to
publish newspaper notice;the City mailed notice on July 17,2006, and published public notice in The
Tigard Tualatin Shenvood Times for two successive weeks Quly 20,2006, and July 27, 2006,) prior to the
August 8, 2006,public hearing.
Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision:
1.The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197;
The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development
Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal
meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals.
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2.Any federal or state statutes or regulations found applicable;
ORS 222: State law (ORS 222.125) allows for a city to annex contiguous land when owners of real
property in the proposed annexation territory submit a petition to the legislative body of the city.4 ORS
222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide
public notice to be published once each week for two successive weeks prior to the day of the hearing,in a
newspaper of general circulation in the city,and shall cause notices of the hearing to be posted in four
public places in the city for a like period.
The property owner and the resident/active voter of 13030 SW Bull Mountain Road (WCTM 2S109AC,
Tax Lot 2101) have both submitted a petition for annexation to the City. The proposed territory (Rider
Annexation) is an island of unincorporated territory, contiguous to the City on all sides (4). The City
published public notice in The Tigard Tualatin Sherwood Times for two successive weeks Quly 20, 2006, and
July 27, 2006,) prior to the August 8, 2006, public hearing and posted the hearing notice at four public
places on June 9, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the public right of
way at the proposed territory. Staff finds that the provisions of ORS 222 have been met.
3.Any applicable METRO regulations;
Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be
addressed in annexation decisions,in addition to local and state review standards. Note that the report is
available 15 days before the hearing Quly 24, 2006, for an August 8,2006,hearing). Staff has determined
that the applicable METRO regulations (Metro Code 3.09.040(b)&(d)) have been met based on the
following findings:
Metro 3.09.040 (b)
(b)Not later than 15 days prior to the date set for a change decision,the approving entity shall make
available to the public a report that addresses the criteria in subsections (d) and(g)below, and that
includes at a minimum the following:
(1)The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report,urban services are available to the affected territory.
(2)A description of how the proposed boundary change complies with any urban service provider
agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties;
As addressed previously in this report, the annexation proposal complies with all applicable
provisions of urban service provider agreements UPAA (1988, 2004);and TUSA (2002).
(3)A description of how the proposed boundary change is consistent with the comprehensive land
use plans,public facility plans, regional framework and functional plans,regional urban growth
goals and objectives,urban planning agreements and similar agreements of the affected entity and
of all necessary parries;
As addressed previously in this report, the annexation proposal complies with all applicable
policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA
(1988;2004) and TUSA (2002)). The proposed annexation territory is within the Urban Growth
Boundary and subject to the Regional Framework Plan and Urban Growth Management
Functional Plan provisions. There are no specific applicable standards or criteria for boundary
4 State law(ORS 222.750) also allows for the annexation of unincorporated territory surrounded by the corporate boundaries of
a city with or without consent from property owners,voters or residents within the territory. While the proposed annexation
could proceed in accordance with ORS 222.750, the City is processing the proposed annexation in accordance with ORS
222.125 because the property owner initiated the annexation request.
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changes in the Regional Framework Plan or the Urban Growth Management Functional Plan.
However, the City's Comprehensive Plan and Development Code have been amended to comply
with Metro functional plan requirements. By complying with the Development Code and
Comprehensive Plan,the annexation is consistent with the Functional Plan and the Regional
Framework Plan.
(4)Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary party; and
The proposed territory will remain within Washington County but will be required to be
withdrawn from the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District,Washington County Urban Roads Maintenance District,Washington
County Street Lighting District#1, and the Washington County Vector Control District upon
completion of the annexation.
(5)The proposed effective date of the decision.
The public hearing will take place August 8, 2006. If the Council adopts findings to approve
ZCA2006-00001, the effective date of the annexation will be September 7, 2006.
Metro Code 3.09.040(dl
(d) An approving entity's final decision on a boundary change shall include findings and conclusions
addressing the following criteria:
1. Consistency with directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
The TUSA (2002)includes the proposed annexation territory. The agreement specifies notice
requirements for land use planning actions;the City provided notice of the proposed annexation to
all applicable parties.The agreement states that the County and City will be supportive of
annexations to the City,and the City shall endeavor to annex unincorporated territory in the Bull
Mountain area in the near to mid-term (accomplished by 2005-2007, as projected in the TUSA).
The proposed territory is an island of unincorporated territory in the Bull Mountain area. The
proposed annexation is consistent with this agreement.
2. Consistency with directly applicable provisions of urban planning or other agreements,other
than agreements adopted pursuant to ORS 195.065,between the affected entity and a necessary
party;
The UPAA (1988;2004)includes the proposed annexation territory.The City has followed all
processing and notice requirements in the UPAA,providing Washington County with 45-day
notice prior to the public hearing. The agreement states that"so that all properties within the
Tigard Urban Service Area will be served by the City, the County and City will be supportive of
annexations to the City."The City also provided notice to the affected CPO (CPO 4B) per the
agreement. The annexation proposal is consistent with this agreement.
3. Consistency with specific directly applicable standards or criteria for boundary changes
contained in comprehensive land use plans and public facility plans;
As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive
Plan provisions. This criterion is satisfied.
4. Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plan;
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This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard
Community Development Code and Comprehensive Plan, the annexation is consistent with the
Functional Plan and the Regional Framework Plan.
5.Whether the proposed change will promote or not interfere with the timely,orderly and
economic provisions of public facilities and services;
The proposed annexation will not interfere with the provision of public facilities or services
because it is consistent with the terms of the TUSA,which ensures the timely, orderly, and
efficient extension of public facilities and urban services. The proposed territory is an island
surrounded by existing city limits and urban services are available to the site. Serving the proposed
territory at maximum density will not significantly reduce existing service levels, as shown in staff's
findings for Code Chapter 18.320.020 B(1) on page 3 of this report.
6.The territory lies within the Urban Growth Boundary; and
The proposed territory is within Metro's Urban Growth Boundary.
7. Consistency with other applicable criteria for the boundary change in question under state and
local law.
In previous sections, this report reviewed the proposal's consistency with other applicable criteria
and found it to be consistent.
(Tigard CDC 19.390.060)
4.Any applicable comprehensive plan policies;and
As demonstrated in previous sections of this report, the proposed annexation is consistent with, and
meets, all applicable comprehensive plan policies.
5.Any applicable provisions of the City's implementing ordinances.
There are no specific implementing ordinances that apply to this proposed annexation. Chapter 18 of the
City Code will apply to development of the property.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Police and Public Works departments have reviewed the proposal and have no
objections, and have not indicated that the proposed annexation would reduce their capacity to provide
services to the proposed annexation territory or reduce the level of City services. The Long-Range
Planning Division has reviewed the proposal and has no objections. The Engineering Department has
reviewed the proposal and has no objections.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue, Tualatin Hills Park and Recreation District, Clean Water Services, Metro,
the Tigard/Tualatin School District, Metro Area Communications and the Washington County
Department of Land Use and Transportation were provided the opportunity to review this proposal and
submitted no comments or objections.
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7 kLt zoo
P ARE ng DATE
Assistant Planner
REVIEWED BY: Tom Cage DATE
Community Development Director
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